intelligent waiver in Indiana

30 Indiana opinions name it 2 courts 1969–2020 0 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

Case	Followed	Cited
Reynolds v. Stategreen indctapp · 1999 · cited in 5 Indiana opinions naming this issue, 2000–2015 2 sentences 2002In the context of the constitutional right to trial by jury, this court has explained that " '[a] voluntary waiver occurs if the conduct constituting the waiver is the product of a free will; a knowing waiver is the product of an informed will; [and] an intelligent waiver is the product of a will that has the capacity to understand[.]' " Reynolds v. State, 703 N.E.2d 701, 704 (Ind.Ct.App.1999) (citation omitted). 13 . 2001In the context of waiver of the right to trial by jury, we have stated that " 'a) voluntary waiver occurs if the conduct constituting the waiver is the product of a free will; a knowing waiver is the product of an informed will; [and] an intelligent waiver is the product of a will that has the capacity to understand[.]' "' Reynolds, 703 N.E.2d at 704 (citation omitted).	3	5
Steven Duncan v. State of Indianagreen indctapp · 2012 · cited in 2 Indiana opinions naming this issue, 2014–2014 2 sentences 2014Gonzalez v. State, 757 N.E.2d 202, 205 (Ind.Ct.App.2001), trans. denied. “ ‘A voluntary waiver occurs if the conduct constituting the waiver is the product of a free will; a knowing waiver is the product of an informed will; [and] an intelligent waiver is the product of a will that has the capacity to understand....’” Duncan v. State, 975 N.E.2d 838, 842-43 (Ind.Ct.App.2012) (quoting Eldridge v. State, 627 N.E.2d 844, 846 (Ind.Ct.App.1994), trans. denied). 2014“A voluntary waiver occurs if the conduct constituting the waiver is the product of a free will; a knowing waiver is the product of an 3 informed will; an intelligent waiver is the product of a will that has the capacity to understand . . . .” Duncan, 975 N.E.2d at 842-43 (citation omitted).	2	2
Poynter v. Stategreen ind · 2001 · cited in 3 Indiana opinions naming this issue, 2010–2017 2 sentences 2017Whether there has been an intelligent waiver depends on the “‘particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.’” Poynter, 749 N.E.2d at 1127 (quoting Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019 , 82 L.Ed. 1461 (1938)). 2010Whether there has been an intelligent waiver of right to counsel depends upon the "particular facts and cireum-stances surrounding that case, including the background, experience, and conduct of the accused." Poynter v. State, 749 N.E.2d 1122, 1127 (Ind.2001) (quoting Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019 , 82 L.Ed. 1461 (1938)).	1	3
Eldridge v. Stategreen indctapp · 1994 · cited in 3 Indiana opinions naming this issue, 1999–2014 2 sentences 2014Gonzalez v. State, 757 N.E.2d 202, 205 (Ind.Ct.App.2001), trans. denied. “ ‘A voluntary waiver occurs if the conduct constituting the waiver is the product of a free will; a knowing waiver is the product of an informed will; [and] an intelligent waiver is the product of a will that has the capacity to understand....’” Duncan v. State, 975 N.E.2d 838, 842-43 (Ind.Ct.App.2012) (quoting Eldridge v. State, 627 N.E.2d 844, 846 (Ind.Ct.App.1994), trans. denied). 2014Gonzalez v. State, 757 N.E.2d 202, 205 (Ind. Ct. App. 2001), trans. denied. “‘A voluntary waiver occurs if the conduct constituting the waiver is the product of a free will; a knowing waiver is the product of an informed will; [and] an intelligent waiver is the product of a will that has the capacity to understand . . . .’” Duncan v. State, 975 N.E.2d 838, 842-43 (Ind. Ct. App. 2012) (quoting Eldridge v. State, 627 N.E.2d 844, 846 (Ind. Ct. App. 1994), trans. denied).	1	3
Boykin v. Alabamagreen scotus · 1969 · cited in 2 Indiana opinions naming this issue, 1973–2020 2 sentences 2020Boykin v. Alabama, 395 U.S. 238, 243 (1969); Poore v. State, 681 N.E.2d 204, 206 (Ind. 1997). 1973The exact state and federal constitutional rights that must appear in the record are not defined, but there is obvious reliance on Boykin : “This reasoning is persuasive and was given constitutional dimension in Boykin v. Alabama (1969), 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 , where the U.S. Supreme Court held that in order to satisfy the constitutional requirements of due process, the record of the entry of the plea must demonstrate a knowing and intelligent toaiver by the accused of his constitutional rights.	1	2
Poore v. Stategreen ind · 1997 · cited in 1 Indiana opinions naming this issue, 2020–2020 1 sentence 2020Boykin v. Alabama, 395 U.S. 238, 243 (1969); Poore v. State, 681 N.E.2d 204, 206 (Ind. 1997).	1	1
Michael Johnson v. State of Indianagreen indctapp · 2014 · cited in 1 Indiana opinions naming this issue, 2020–2020 1 sentence 2020“A voluntary waiver occurs if the conduct constituting the waiver is the product of a free will; a knowing waiver is the product of an informed will; [and] an intelligent waiver is the product of a will that has the capacity to understand[.]” Johnson v. State, 6 N.E.3d 491, 496 (Ind. Ct. App. 2014) (internal quotation omitted). [11] A knowing, voluntary, and intelligent waiver of the right to a jury trial cannot be inferred from a record which does not evidence such personal choice.	1	1
Gonzalez v. Stategreen indctapp · 2001 · cited in 1 Indiana opinions naming this issue, 2014–2014 2 sentences 2014Gonzalez v. State, 757 N.E.2d 202, 205 (Ind.Ct.App.2001), trans. denied. “ ‘A voluntary waiver occurs if the conduct constituting the waiver is the product of a free will; a knowing waiver is the product of an informed will; [and] an intelligent waiver is the product of a will that has the capacity to understand....’” Duncan v. State, 975 N.E.2d 838, 842-43 (Ind.Ct.App.2012) (quoting Eldridge v. State, 627 N.E.2d 844, 846 (Ind.Ct.App.1994), trans. denied). 2014Gonzalez v. State, 757 N.E.2d 202, 205 (Ind. Ct. App. 2001), trans. denied. “‘A voluntary waiver occurs if the conduct constituting the waiver is the product of a free will; a knowing waiver is the product of an informed will; [and] an intelligent waiver is the product of a will that has the capacity to understand . . . .’” Duncan v. State, 975 N.E.2d 838, 842-43 (Ind. Ct. App. 2012) (quoting Eldridge v. State, 627 N.E.2d 844, 846 (Ind. Ct. App. 1994), trans. denied).	1	1
NM v. Stategreen indctapp · 2003 · cited in 1 Indiana opinions naming this issue, 2011–2011 2 sentences 2011See N.M., 791 N.E.2d at 806-07 . 2 However, we do look to the particular facts and circumstances surrounding the case, including the background, experience, and conduct of the accused to determine whether there has been an intelligent waiver of the right to counsel. 2011Id.	1	1
Gilbert v. Stategreen indctapp · 1979 · cited in 1 Indiana opinions naming this issue, 2002–2002 2 sentences 2002See Gilbert v. State, 182 Ind.App. 286, 291 , 395 N.E.2d 429, 432 (1979) ("Here, the trial court followed the appropriate procedure. 2002See Gilbert v. State, 182 Ind.App. 286, 291 , 395 N.E.2d 429, 432 (1979) ("Here, the trial court followed the appropriate procedure.	1	1
Wallace v. Stategreen indctapp · 1977 · cited in 1 Indiana opinions naming this issue, 1978–1978 1 sentence 1978See Wallace v. State (1977), Ind. App., 361 N.E.2d 159 (transfer denied). [5] In those cases involving a guilty plea, the full protection of Boykin is afforded the pro se defendant.	1	1
Lewis v. Statered ind · 1972 · cited in 1 Indiana opinions naming this issue, 1978–1978 2 sentences 1978Compare, e.g., Lewis v. State (1972), 259 Ind. 431 , 288 N.E.2d 138 ; Haynes v. State (1973), 155 Ind. App. 472 , 293 N.E.2d 204 concerning an intelligent waiver of right to counsel. 1978Compare, e.g., Lewis v. State (1972), 259 Ind. 431 , 288 N.E.2d 138 ; Haynes v. State (1973), 155 Ind. App. 472 , 293 N.E.2d 204 concerning an intelligent waiver of right to counsel.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (14)

Case	Cited	Years
Johnson v. Zerbst green scotus · 1938 2 sentences 2019Zerbst , 304 U.S. at 464 , 58 S.Ct. at 1023 , 82 L.Ed. at 1466 . [12] The United States Supreme Court has stated that whether there has been an intelligent waiver of the right to counsel depends on the "particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused." Id. 2019Zerbst , 304 U.S. at 464 , 58 S.Ct. at 1023 , 82 L.Ed. at 1466 . [12] The United States Supreme Court has stated that whether there has been an intelligent waiver of the right to counsel depends on the "particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused." Id.	8	1969–2019
Marvin L. Cooley v. United States green ca9 · 1974 2 sentences 1982Cooley v. U. S., (9th Cir. 1974), 501 F.2d 1249 . 1979Cooley v. U. S. (9th Cir. 1974), 501 F.2d 1249 .	2	1979–1982
James A. Hart v. State of Indiana green indctapp · 2017 1 sentence 2018Id.	1	2018–2018
Faretta v. California green scotus · 1975 2 sentences 2010A defendant must "be made aware of the dangers and disadvantages of self-representation, so that the record will establish that 'he knows what he is doing and his choice is made with eyes open." Faretta v. California, 422 U.S. 806, 835 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975) (quoting Adams v. Unites States ex rel. 2010A defendant must "be made aware of the dangers and disadvantages of self-representation, so that the record will establish that 'he knows what he is doing and his choice is made with eyes open." Faretta v. California, 422 U.S. 806, 835 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975) (quoting Adams v. Unites States ex rel.	1	2010–2010
Robert Glen Sutton and Paul S. Sutton v. Russell E. Lash, Warden, Indiana State Prison green ca7 · 1978 1 sentence 1981Sutton v. Lash, (7th Cir. 1978) 576 F.2d 738 ; Gallagher v. State, (1980) Ind., 410 N.E.2d 1290 .	1	1981–1981
Gallagher v. State green ind · 1980 1 sentence 1981Sutton v. Lash, (7th Cir. 1978) 576 F.2d 738 ; Gallagher v. State, (1980) Ind., 410 N.E.2d 1290 .	1	1981–1981
Haynes v. State neutral indctapp · 1973 2 sentences 1978Compare, e.g., Lewis v. State (1972), 259 Ind. 431 , 288 N.E.2d 138 ; Haynes v. State (1973), 155 Ind. App. 472 , 293 N.E.2d 204 concerning an intelligent waiver of right to counsel. 1978Compare, e.g., Lewis v. State (1972), 259 Ind. 431 , 288 N.E.2d 138 ; Haynes v. State (1973), 155 Ind. App. 472 , 293 N.E.2d 204 concerning an intelligent waiver of right to counsel.	1	1978–1978
Brimhall v. State green ind · 1972 2 sentences 1973Brimhall v. State, supra, decided March 9, 1972 by a unanimous Supreme Court, recently accentuated the need for the record to affirmatively show an intelligent waiver of an accused’s constitutional rights when making a guilty plea: “There is nothing in this record to indicate that the appellant was advised of his rights under the State and Federal Constitutions, and nothing to indicate that he intentionally and freely waived those rights.” Brimhall, supra at 165 , 279 N.E.2d at 564 . 1973Brimhall v. State, supra , decided March 9, 1972 by a unanimous Supreme Court, recently accentuated the need for the record to affirmatively show an intelligent waiver of an accused's constitutional rights when making a guilty plea: "There is nothing in this record to indicate that the appellant was advised of his rights under the State and Federal Constitutions, and nothing to indicate that he intentionally and freely waived those rights." Brimhall, supra, 279 N.E.2d at 564 .	1	1973–1973
Harrison v. United States green scotus · 1968 2 sentences 1972Further, as the United States Supreme Court said in Harrison v. U.S. (1968), 392 U.S. 219 , 88 S. Ct. 2008 , 20 L. 1972Further, as the United States Supreme Court said in Harrison v. U.S. (1968), 392 U.S. 219 , 88 S. Ct. 2008 , 20 L.	1	1972–1972
Gilbert v. California green scotus · 1967 2 sentences 1972United States v. Wade (1967), 388 U. S. 218 ; Gilbert v. California (1967), 388 U. S. 263 . 1972United States v. Wade (1967), 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 ; Gilbert v. California (1967), 388 U.S. 263 , 87 S.Ct. 1951 , 18 L.Ed.2d 1178 .	1	1972–1972
United States v. Wade green scotus · 1967 2 sentences 1972United States v. Wade (1967), 388 U. S. 218 ; Gilbert v. California (1967), 388 U. S. 263 . 1972United States v. Wade (1967), 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 ; Gilbert v. California (1967), 388 U.S. 263 , 87 S.Ct. 1951 , 18 L.Ed.2d 1178 .	1	1972–1972
Gates v. State green ind · 1962 2 sentences 1972Gates v. State (1962), 243 Ind. 325 , 183 N. E. 2d 601 . 1972Gates v. State (1962), 243 Ind. 325 , 183 N. E. 2d 601 .	1	1972–1972
Miranda v. Arizona green scotus · 1966 1 sentence 1971Ed. 2d 694 , 86 S. Ct. 1602 , wherein the Supreme Court of the United States held in part that absent an intelligent waiver of the constitutional rights involved statements, merely incriminating or in the nature of a confession, obtained from a person during custodial interrogation, are inadmissible as evidence as is the fruit of such statements, unless, procedural safeguards were used to eliminate any compulsive atmosphere inherent in such interrogations.	1	1971–1971
Fay v. Noia red scotus · 1963 2 sentences 1969And again in Fay v. Noia (1963), 372 U. S. 391 , 9 L. 1969And again in Fay v. Noia (1963), 372 U. S. 391 , 9 L.	1	1969–1969

Statutes the citing opinions construe

IN § Ind. Code § 35-42-2-1 (4) IN § Ind. Code § 35-37-1-2 (3) IN § Ind. Code § 35-50-2-8 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 179 (1947–2026) LA 87 (1942–2019) IL 85 (1948–2026) GA 48 (1971–2026) OH 41 (1944–2026) AR 36 (1956–2021) TX 33 (1968–2025) CT 32 (1968–2016) IN 30 (1969–2020) MD 28 (1964–2008) NY 28 (1955–2018) AL 21 (1965–2018) PA 20 (1941–2021) WA 19 (1963–2022) FL 19 (1964–2014) AZ 18 (1965–2021) SC 18 (1974–2024) WV 18 (1965–2021) MO 14 (1896–2023) CO 13 (1967–2021) MN 13 (1959–2024) RI 12 (1964–2011) NH 11 (1965–2019) MI 11 (1967–2023) MA 11 (1971–2010) NJ 10 (1945–2026) AK 10 (1980–2023) NC 9 (1964–2022) OR 9 (1966–1983) DC 8 (1959–2010) OK 8 (1939–1979) NM 8 (1971–2020) WI 7 (1968–2003) ND 7 (1965–2025) TN 6 (1951–2024) VA 6 (1979–2023) KS 6 (1949–1982) IA 6 (1966–2022) KY 6 (1981–2022) VT 5 (1960–2016) MS 5 (1988–2019) SD 5 (1943–2006) NV 5 (1970–1984) NE 4 (1976–2019) ID 4 (1967–1986) ME 4 (1980–2014) WY 4 (1984–1992) DE 2 (1985–2015) UT 2 (1990–2001) MT 2 (1963–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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